Committee Blurbs on #HB1503 #Griffinslaw That appears in Next weeks house calendar which will means it will be heard on the House Floor Next Wed. or Thurs. HB 1503-FN, including “fetus” in the definition of “another” for the purpose of certain criminal offenses. MAJORITY: OUGHT TO PASS WITH AMENDMENT. MINORITY: OUGHT TO PASS.Rep. Laura C Pantelakos for the Majority of Criminal Justice and Public Safety. The majority recognizes the significant loss to a woman and her family when a crime is committed that results in a miscarriage or stillbirth. The law should recognize such a loss and provide appropriate justice for the surviving victims. This bill as amended allows for stricter penalties for such crimes. Under current New Hampshire law (RSA 631), if an assault results in a miscarriage or stillbirth and the mother survives, the perpetrator faces an enhanced charge and can be sentenced for up to 15 years imprisonment. The amendment recommended by the committee adds similar sentencing enhancements to the homicide statute for crimes that result in the mother’s death. Specifically, it nearly doubles the maximum criminal penalties when manslaughter or negli- gent homicide results in a miscarriage or stillbirth. For second degree murder—which is punishable by up to life in prison—it requires the judge to explicitly state that he or she has considered a miscarriage or stillbirth as a factor in determining a sentence. These enhanced penalties are severe and they focus the criminal law where it should be: on the additional, often devastating injury suffered when a crime against a woman causes the loss of her fetus. Vote 10-7.Rep. Kyle J Tasker for the Minority of Criminal Justice and Public Safety. The minority of the committee felt that the original bill was a well written and reasonable bill. The amendment adopted by the Majority of the committee does not provide a remedy or justice that was asked for by the families or by the prime spon- sor. The amendment in fact changes the bill completely from an effective bill, similar to 38 other states, and still leaves NH’s unborn children and their families unprotected.The amendment appears not to be well thought out, and the enhanced penalties can only be applied upon the conviction of murder or manslaughter of the mother. This leaves mothers who survive, but whose unborn baby dies, with NO avenue for justice. This is contrary to the point of the original bill.
Posted on: Fri, 14 Mar 2014 02:30:12 +0000
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